Criminal Law

Criminal Lawyers Melbourne

Criminal law aims to discourage individuals from conduct that threatens or harms people or property. While everyone benefits from reduced crime, the criminal justice system is less than perfect. To balance the disparity, the onus in criminal law matters is on the prosecution to prove every element of an alleged crime beyond a reasonable doubt. Our role as your Melbourne criminal defence lawyer is to ensure the prosecution is put to this test and to point out where the state has not been able to meet this high bar, so that all of our clients can be assured that they are not being taken advantage of or pleading to crimes they did not commit.  

For over 15 years, with criminal law as our key focus, we have provided affordable, professional advice and representation to numerous clients facing some of the most challenging times of their lives. Our Melbourne criminal lawyers have expertise in all areas of criminal law, including:

• • Drug Offences 
  • Assault and Sexual Offences 
  • Theft 
  • Firearms Offences 
  • Bail Applications 
  • Contravention 
  • Infringement Matters 
  • Appeals 

Drug Offences

The range of penalties for drug offences in Victoria depends on the type and amount of drug and whether the drug was for personal use or being cultivated or trafficked. Different drugs are classified according to their perceived harm. Cannabis is generally considered less harmful and attracts lower penalties in comparison to someone caught using drugs like cocaine, methamphetamine, and heroin.

The most serious penalties are reserved for cultivating and trafficking the most dangerous drugs in the highest quantities. Trafficking of large commercial quantities of drugs can lead to life imprisonment and extremely hefty fines. If you find yourself in a position in which you are facing any of the above scenarios, urgently contact our Melbourne criminal defence lawyers to ensure that you are receiving the right assistance.

Bail Applications

If you are arrested, you may be formally charged by the police with one or more offences and provided a copy of the charge sheet. From here the police will decide whether to release or detain you. You might be released on bail on the condition that you attend court on the allocated hearing date. Other bail conditions may be imposed to ensure your appearance at court and to address any potential risks. Alternatively, you might be refused bail and detained in custody.

If you are detained, you can apply to the court for bail. Given that court processes leading up to a hearing can take months, even years, the grant of bail is a significant consideration for those facing the criminal justice system. We strongly recommend that you engage a Melbourne criminal defence lawyer to assist with any bail applications as navigating bail may be confusing for those who are not familiar with its lengthy process.

Going to Court

You will need to attend court for your case to be heard. At the hearing, you will be asked to plead guilty or not guilty. Your lawyer will advise you on the best plea based on the specifics of your case.  

If you plead not guilty, the matter will progress to different stage of the legal system, and a trial may determine whether you are guilty or innocent.

If you plead guilty or are found guilty, the court will determine your sentence. This could include fines, community service, probation, or imprisonment, depending on the severity of the offence and other factors. It is important to not be alone when facing Court and have the right support systems in place.  

Factors Considered in Sentencing

The court will consider “aggravating” and “mitigating” factors to decide the appropriate sentence. These factors help the judge or magistrate assess the seriousness of your offence compared to others of the same type. 

You can usually present evidence (submissions) that the judge or magistrate will consider during sentencing. The type of evidence that is relevant depends on the charges and the desired outcome.

Appeals

In some cases, you may have the right to appeal the decision to a higher court. An appeals process allows for a review of the lower court’s decision based on specific legal grounds.

How Our Melbourne Criminal Lawyers Can Assist You

If you are charged with a criminal offence, seeking legal representation as soon as possible can make a huge difference. An experienced criminal defence lawyer in Melbourne can provide immediate and ongoing advice, build your defence, and represent you in court if required. Facing criminal charges can be terrifying so you will want an experienced, empathetic professional with strong advocacy skills to put your best case forward.

Marco Man & Associates will help you understand your rights and lead you through the complex criminal justice system to secure the best possible outcome in your circumstances. If you cannot afford a lawyer, Legal Aid may be available, and we can help you apply for legal assistance from Victoria Legal Aid.

We proudly serve clients across Melbourne and surrounding areas, including Altona, Moorabbin, Box Hill, Werribee, Melton, and Sunshine.

When you need help, call Marco on 0450 803 822 or email ma***@ma*************.au.